Vol. 33 Iss. 16 - April 03, 2017

Chapter 90
Final Regulation

REGISTRAR'S NOTICE: The Safety and Health Codes Board is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 c of the Code of Virginia, which excludes regulations that are necessary to meet the requirements of federal law or regulations provided such regulations do not differ materially from those required by federal law or regulation. The Safety and Health Codes Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 16VAC25-90. Federal Identical General Industry Standards (amending 16VAC25-90-1910.6, 16VAC25-90-1910.21, 16VAC25-90-1910.22, 16VAC25-90-1910.23, 16VAC25-90-1910.24, 16VAC25-90-1910.25, 16VAC25-90-1910.26, 16VAC25-90-1910.27, 16VAC25-90-1910.28, 16VAC25-90-1910.29, 16VAC25-90-1910.30, 16VAC25-90-1910.66, Appendix C to 16VAC25-90-1910.66, Appendix D to 16VAC25-90-1910.66, 16VAC25-90-1910.67, 16VAC25-90-1910.68, 16VAC25-90-1910.132, 16VAC25-90-1910.178, 16VAC25-90-1910.179, 16VAC25-90-1910.261, 16VAC25-90-1910.262, 16VAC25-90-1910.265, 16VAC25-90-1910.268, 16VAC25-90-1910.269; add 16VAC25-90-1910.139, 16VAC25-90-1910.140, Appendix C to Subpart I of Part 1910, Appendix D to Subpart I of Part 1910).

Statutory Authority: § 40.1-22 of the Code of Virginia.

Effective Date: May 15, 2017.

Agency Contact: Jennifer L. Rose, Virginia Occupational Safety and Health Safety Compliance Director, Department of Labor and Industry, 600 East Main Street, Suite 207, Richmond, VA 23219, telephone (804) 786-7776, or email


In a final rule, federal Occupational and Safety Health Administration (OSHA) revised and updated its general industry standards on walking-working surfaces to prevent and reduce injuries and fatalities associated with walking-working surface hazards. The final rule includes revised and new provisions addressing, for example, fixed ladders, rope descent systems, fall protection systems and criteria, and training on fall hazards and fall protection systems. The final rule also adds requirements on the design, performance, and use of personal fall protection systems. The final rule increases consistency between the general industry and construction standards and updates requirements to reflect advances in technology and to make the requirements consistent with more recent OSHA and national consensus standards.

In this regulatory action, the board is adopting this final rule.

Note on Incorporation by Reference: Pursuant to § 2.2-4103 of the Code of Virginia, 29 CFR Part 1910 (Occupational Safety and Health Standards) is declared a document generally available to the public and appropriate for incorporation by reference. For this reason, this document will not be printed in the Virginia Register of Regulations. A copy of this document is available for inspection at the Department of Labor and Industry, Main Street Centre, 600 East Main Street, Richmond, Virginia 23219, and in the office of the Registrar of Regulations, General Assembly Building, 201 North 9th Street, Richmond, Virginia 23219.

Statement of Final Agency Action: On February 16, 2017, the Safety and Health Codes Board adopted federal OSHA's Walking-Working Surfaces and Personal Protective Equipment (Fall Protection Systems), as published in 81 FR 82494 through 81 FR 83006) on November 18, 2016, with an effective date of May 15, 2017.

Federal Terms and State Equivalents: When the regulations as set forth in the revised final rule for Occupational Safety and Health Standards are applied to the Commissioner of the Department of Labor and Industry or to Virginia employers, the following federal terms shall be considered to read as follows:

Federal Terms

VOSH Equivalent

29 CFR

VOSH Standard

Assistant Secretary

Commissioner of Labor and Industry



January 17, 2017

May 15, 2017

VA.R. Doc. No. R17-5036; Filed March 2, 2017, 12:47 p.m.